hilda kanyamale vs emmanuel elisafi 2016 tzhc 2118 22 april 2016
The application was struck out because it was incompetent, having cited improper provisions of law, and the court cannot entertain an application that is not properly before it. The applicant is at liberty to file a fresh application in compliance with legal requirements.
- Citation
- hilda kanyamale vs emmanuel elisafi 2016 tzhc 2118 22 april 2016
- Parties
- Applicant: Hilda Kanyamale; Respondent: Emmanuel Elisafi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 April 2016
- Procedural Posture
- Miscellaneous Application / Struck Out at Preliminary Stage
- Outcome
- Application struck out as incompetent
- Legal Topics
- Withdrawal of Application, Striking Out for Procedural Irregularity, Improper Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hilda Kanyamale
Applicant
Emmanuel Elisafi
Respondent
Procedural Posture
Miscellaneous Application / Struck Out at Preliminary Stage
Legal Issues
- 1 Whether the application should be withdrawn or struck out due to procedural irregularities and improper citation of law
Ratio Decidendi
The application was struck out because it was incompetent, having cited improper provisions of law, and the court cannot entertain an application that is not properly before it. The applicant is at liberty to file a fresh application in compliance with legal requirements.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out
- Applicant at liberty to file a fresh application in compliance with the law
Full Case Text
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